Getting a green card and gaining permanent residency in the United States is usually the goal for many scientists who come to study and conduct research. Regrettably, for immigrants, the US immigration laws are complicated, and most of it is predicated on the notion that American workers must be safeguarded from any competition from immigrants.
Luckily, the law acknowledges the distinction between scientists and other immigrants, and there are specific immigration options available for those with exceptional qualifications in the scientific field. Under the current Immigration statutes, three particular Immigration Petitions are available for highly qualified and experienced scientists. In this blog, we delve deep into several actions foreign-born scientists can follow to increase the likelihood of their green card petitions being approved.
Basic Eligibility Criteria for Scientists in Category EB-1A
To qualify for the EB-1A visa, the federal government requires proof that you possess an extraordinary skill that sets you apart from the rest in your field. To demonstrate this, you need to present evidence proving that:
- You have received consistent acknowledgment at the national or international level
- Others in your profession—in this case, the science discipline—recognize you for your accomplishments.
You can demonstrate all of this through a single, renowned international award or a variety of significant accomplishments. While winning the Nobel Prize would be fantastic, you’ll need to cite several accomplishments to prove your qualifications.
Combination of Successes That Could Be Enough to Demonstrate Outstanding Skill in Science
If you choose to aggregate your accomplishments, you need to demonstrate at least 3 of these factors in your sector:
- Excellence awards (international or national)
- Participation in an organization requiring exceptional performance as determined by professionals
- Publication of your work in a prominent media organization (like an association periodical or journal)
- Articles you wrote for reputable publications
- Judging others in your industry or a related discipline (like working as a peer-reviewer for academic articles)
- High pay or salary for your research or scientific work
- Original works of great importance (professional recommendations and journal rankings)
- Significant service roles in renowned organizations
However, demonstrating that you have at least 3 of the following doesn't guarantee automatic acceptance for legal permanent resident status in the United States. Finally, the US government should be convinced that you're "extraordinary" in your discipline and possess exceptional competence.
Failure to Meet the Expected Achievement Level
Before applying as a priority worker, you could strengthen your milestones if you discover that you still need to satisfy the minimum standards or are unsure whether they are good enough to uphold your application.
If you have the time, you could seek a peer reviewer's position for a scientific research publication or apply for associate membership in a prominent scientific association. Note that if you're already in the US, be sure that your legal stay will be prolonged to enable you to preserve legal status while you're doing this; failing to do so may disqualify you from applying for the green card.
Displaying and Justifying Your Scientific Achievements
You will need to present some forms and supporting documentation demonstrating your qualification when you request the U.S. government issue you a green card as a priority worker for extraordinary talent. To begin with, a cover brief or application letter would assist with organizing, summarizing, and outlining the documents you'll submit.
Supporting documentation will make it easier to substantiate your claims on your skill, reputation, and level of professional recognition. You should ensure that you have documents demonstrating that you fit all the requirements. Here are some pointers to get you started:
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Gather Objective Proof Of Your Accomplishments
Instead of just noting the awards and honors on your curriculum vitae or resume, for instance, you'll want to be prepared with a copy of the certified document notifying you of an award for your achievement in Chemistry and images from the award celebration. Similarly, rather than creating your list of citation records and publications, try including copies of records published by well-known companies that often prepare such records.
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Ensure That Some Of Your Files Demonstrate The Scope Of Your Accomplishments
The evidence you gather should demonstrate that any prize, honor, or distinction you claim matches the specific degree or type of achievement necessary in the relevant category (outstanding achievement, excellence, significant contribution, to name a few.)
This may be clear from the award's name. However, if it isn't—for instance, if you received an honor named after a former professor or scientist—you could be required to clarify that and provide any further evidence to back up your claim.
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Make Sure Your Documentation Demonstrates The Ongoing Process Of Your Reputation And Accomplishments
To demonstrate that you've "sustained" recognition, you need to gather evidence that demonstrates your previous, present, and anticipated future achievements at the high standard specified by the law. Awards you received while working on your fellowship or a Ph.D. could help highlight your previous successes, whereas more recent nominations or awards showcase your current achievements.
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Make Sure Your Credentials Specify The Scientific Discipline You Major In
The term "field" appears several times in the laws' describing the requirements. That is an indication that the federal government wishes to see your accomplishments in a specific scientific field of study. Therefore, if you work in an interdisciplinary subject that's still developing, like environmental science, artificial intelligence, or bioinformatics, your application would need to explain how the various subfields complement or relate to each other. Getting a professional letter of recommendation from someone who is a renowned leader in various disciplines could also be beneficial.
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Collect Evidence That You Are Among A Chosen, Limited Number Of Honorees
To demonstrate the importance of your numerous accolades and achievements, you would wish to include a quantitative dimension, such as mentioning accessible data on the number of accolades given annually, by field, or by sub-field. Try contacting the company and requesting them to send you a note with these details if the information isn't readily available online.
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Make Certain That The Sources Of Your Accolades Or Honors Are Well Renowned
You should learn more about the institutions, organizations, or people who have acknowledged your accomplishments or are endorsing you for permanent residency in the United States. Don't presume that everyone is familiar with a Nobel laureate or a "famous name" in your sector.
Suppose you're part of a professional organization or scientific institution, like the American Chemical Society. In that case, you can attach copies of membership applications, bylaws, or other objective documentation indicating the requirements you had to satisfy to join the association. Biographies of board members or membership committee members could help demonstrate their status as authorities in your subject.
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Look For Additional Evidence of the Importance or Scope of Your Accomplishments
If, for instance, a scientific research work you completed was published on the front page of a scientific journal, you could produce a copy of the journal's front cover.
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Ensure That Your Records Include Real-World Explanations of the Value of Your Research, Findings, or Publications
If you need recommendation letters from coworkers or peers, for instance, request them to prepare for a knowledgeable but unspecialized reader. It could be necessary to present historical context if your topic is highly theoretical or academic so that the relevance of your discoveries is clear.
You can also link the discovery to public policy problems, like the potential for change in national and global public health that your studies have contributed to or would lead to. These are just a few to think about, but only a few of them could be vital to you. Consult your lawyer and other professionals to help you choose the most appealing documents to support your achievements in your sector.
The Process of Applying to Become a Permanent U.S. Resident
After you have confirmed your eligibility and obtained the necessary evidence, you will need to submit a "visa petition" using the USCIS Form I-140. What occurs next is determined by your current location. Suppose you're already legally present in the country as a nonimmigrant. In that case, you will change your status once USCIS has granted your request for an immigrant visa and your visa category is still valid.
If you're outside the U.S., you will have to go through the consular procedures after USCIS approves your petition. This entails communication, at first with the National Visa Center, then later with the U.S. consulate or embassy in your country of residence.
In determining whether you're admissible to the United States at all, the government may take into account not only whether you qualify for an EB-1A visa but also your current or previous immigration status, along with your background. Furthermore, it may jeopardize your potential to qualify for a nonimmigrant visa while your application for an immigrant visa is ongoing. This is due to a legal notion called "dual intent."
Before filing your application for a priority worker visa, speak with an experienced immigration attorney. Although your understanding of the essentials and involvement in preparing and sorting the paperwork could be quite beneficial, the application procedure necessitates a significant workload and meticulousness.
Your lawyer is in the ideal position to assist you in persuading the government, and you're at the peak of your profession and ensure that other issues won't affect your prospects.
Processing Time for an EB-1 Visa
Something you need to understand about visa processing times is that they vary depending on several circumstances. One is the volume of cases handled by the service unit handling your petition. If the center has many applications at that moment, the processing time could be longer.
The second element is the intricacy of your situation. You will experience processing delays if the U.S. Citizenship and Immigration Services issues a Request For Evidence or a Notice Of Intent to Deny.
Lastly, you must consider the priority date and the time it takes to become current. This differs depending on your home country. However, you are not required to factor the PERM processing period into your final schedule, unlike with other employment-based immigrant visas.
Processing Time for I-140
Your first step toward obtaining an EB-1 visa is to file an I-140 application with the USCIS. This is usually the phase prone to hold-ups predicated on the initial two variables discussed in the previous section. The time it takes to complete your petition will depend on the volume of cases at the service center and how complicated your issue is. But generally speaking, the processing time takes around six months.
If you find the processing time of six months to be too long, you could pay an additional amount for premium processing. This will shorten the time it takes to process the petition to only 15 days. However, this doesn't enhance your chances of approval, and it does not apply to EB-1C applications.
Your I-140 application could be delayed based on the next part of the EB-1 processing period—the priority date status.
Priority Dates
The day the USCIS receives your I-140 becomes your EB- priority date. You can check with the U.S. Department of State monthly visa brief for the most recent published final action dates. They are separated depending on the beneficiary's home country.
When your home country's final action date equals or exceeds the EB-1 priority date, then your priority date will be declared current. This means that you could proceed to the final step.
It is crucial to remember that it could take years for certain countries to be considered current for priority dates. The EB-1 application process could take longer if more applicants come from your home country.
Even when you choose premium service to speed up your request, you must still wait for the priority date to become current before proceeding. Often, the priority date will be set to current by default (symbolized using a "C" on the visa bulletin). In other words, you'll be able to proceed once your I-140 has been authorized.
Consular Processing Versus Adjustment of Status
Your choice between an adjustment of status or consular processing will determine this final stage of the processing time for your EB-1. Changing your status from a nonimmigrant to an immigrant requires you to submit an I-485 petition.
As a result, you need to have a legal nonimmigrant status (like an O-1 or H-1B visa) and be present in the United States when your I-140 is approved. The I-485 application takes around six months for the processing period, and there is no option for premium processing.
Consular processing is offered to people who have a legal nonimmigrant visa and is required for those who do not have one. You need to schedule an appointment with the American Embassy or Consulate in your home country. Based on how busy the consulate is, appointments may need to be made weeks or months beforehand.
While there, you will have a physical interview at the consulate office to check if your case qualifies for an EB-1 visa. For people short on time, the consulate processing may be a quicker choice than the I-485.
Using an O-1 Visa to Test the Immigration Waters
Obtaining permanent residence in the United States as a priority worker could take time and effort. Wouldn't it be great if you would predict how the US immigration authorities will evaluate your petition?
One way of doing this is by requesting an O-1 application rather than the more popular H-1B specialty occupation request if you have or intend to secure a job with a U.S. employer who will sponsor your temporary visa.
The O-1 visa is nonimmigrant, meaning it doesn't offer you permanent residency in the United States. However, its main criteria are the same for the outstanding ability immigrant visa group.
If you focus on gathering the necessary paperwork for the O-1 visa, you can later utilize it to petition for EB-1 status. In addition, filing your petition will provide you with a sneak peek into how the authorities will assess your achievements.
Accepting an O-1 visa doesn't warrant petition approval for the extraordinary ability for a green card in the future. However, it can provide helpful feedback that will assist you in preparing to file the extraordinary ability petition later.
Find an Los Angeles Immigration Attorney Near Me
As with most areas of immigration laws, you do not want to try to traverse the path to obtain a green card without the counsel of an experienced attorney. If you're uncertain about your eligibility for an Extraordinary Ability visa in the EB-1A category, our attorneys will help you determine whether you hold the relevant documentation and expertise.
Our experts at the California Immigration Attorney will assist you in compiling the necessary proof and paperwork to submit the information necessary to demonstrate that you fit the qualifications. We will assist you throughout the filing process, as well as if the USCIS makes a Request for Evidence. Our attorneys serve the entire California region. Call us now at 424-789-8809.